Appellate Division of the Supreme Court of New York, 1940

Boelsen v. Boelsen

Boelsen v. Boelsen
Appellate Division of the Supreme Court of New York · Decided April 19, 1940
259 A.D. 844
Boelsen v. Boelsen

Opinion of the Court

In an action for divorce, in which the defendant counterclaimed for a separation, judgment dismissing the complaint on the merits and granting a separation on the defendant’s counterclaim, and order denying, plaintiff’s motion for a new trial, affirmed, with costs. No opinion. Hagarty, *845Carswell and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent and vote to reverse the judgment and order and to grant a new trial on the ground that the finding of the jury in answer to question ¡No. 1 is against the weight of the credible evidence.

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